Central Administrative Tribunal - Ernakulam
P P Abdulkader vs M/O Health And Family Welfare on 10 July, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.181/00959/2016
Thursday, this the 10th day of July, 2025
C O RAM :
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mrs.V. RAMA MATHEW, ADMINISTRATIVE MEMBER
1. P.P. Abdulkader,
Aged 54 years, S/o.Siraj Haji,
Pharmacist, Community Health Centre,
Kadamath island, UT of Lakshadweep.
Residing at "Pathummapura House",
Kadamath Island, UT of Lakshadweep - 682 556.
2. P.P. Cheriyakoya,
Aged 56 years, S/o.Late Yusuf,
Pharmacist, Lakshadweep Medical Store, Kochi.
Permanently residing at Puthiyapandaram House,
Androth Island, UT of Lakshadweep - 682 551.
3. M. Azeez,
Aged 53 years, S/o.E.P. Muthukoya,
Pharmacist, Primary Health Centre,
Kalpeni, UT of Lakshadweep.
Residing at Mannel House, Kalpeni,
UT of Lakshadweep. 682 557.
4. H.B. Ibrahim,
Aged 51 years, S/o.Edrees Manikfan,
Pharmacist, Government Hospital,
Minicoy, UT of Lakshadweep.
Residing at "Hassanbebegothi",
Minicoy island, UT of Lakshadweep - 682 559.
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5. P.P. Lailabi,
Aged 47 years, W/o.B. Hussain,
Pharmacist, Primary Health Centre,
Kalpeni, UT of Lakshadweep.
Permanent resident of "Pakkrichyapura", Keecheri,
Androth Island, UT of Lakshadweep. 682 551.
6. T.K. Aminabi,
Aged 51 years, W/o.P.P. Muhammed,
Pharmacist, Community Health Centre,
Kadamath, UT of Lakshadweep.
Residing at Thottathukara House,
Kadamath Island, UT of Lakshadweep - 682 556.
7. M. Saleem,
Aged 46 years, S/o.Pallath Muthukoya,
Pharmacist, Health Services, District Panchayath,
Kavaratti, UT of Lakshadweep.
Permanent resident of Maral House,
Kalpeni Island, UT of Lakshadweep - 682 557.
8. M.K. Mohammed Rafi,
Aged 43 years, S/o.Chamayam Koya,
Pharmacist, Health Services, District Panchayath,
Kavaratti, UT of Lakshadweep.
Permanent resident of Moppana Kadiyoda,
Kiltan Island, UT of Lakshadweep - 682 558. ...Applicants
(By Advocates: Mr. Shafik.M.Abdulkhadir & Mr.Jojo Joseph)
versus
1. Union of India represented by its Secretary,
Ministry of Health & Family Welfare,
Nirman Bhavan, New Delhi - 110 001.
2. The Administrator,
UT of Lakshadweep, Kavaratti - 682 555.
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3. The Director of Medical and Health Services,
UT of Lakshadweep, Kavaratti - 682555. ...Respondents
(By Advocate : Mr.N.Anil Kumar, SPCGC [R1]
& Mrs.Sreekala.K.L., SPC [R2-3])
The Original Application having been heard on 2 nd July 2025, the
Tribunal on 10th July 2025 delivered the following:
ORDER
HON'BLE Mrs.V.Rama Mathew, Administrative Member This matter has been remitted back by the Hon'ble High Court of Kerala vide its order dated 11.01.2024 for consideration of the eligibility of the Pharmacists to the Grade Pay of Rs.4200/- with effect from 01.01.2006. A clarification has been issued by the Union Government on the subject on 26.07.2023, ie., on the same day of the order of this Tribunal in this O.A., wherein it has been stated that the benefit of Annexure R2A would be available to only such Pharmacists who are having minimum educational qualification of 10+2 plus, two years Diploma in Pharmacy and registration with the State Pharmacy Council. Since the eligibility itself became a subject matter of issue, it was considered appropriate that the matter be considered by the Tribunal afresh after giving an opportunity of hearing to both sides. Accordingly, the matter was heard afresh and is taken up for orders.
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2. The clarification under question states as under -
" I am directed to refer to letter No.53/12/2017-DHS dated 05.07.2023 received from Directorate of Health Services, Lakshadweep Administration in regard to another letter dated 27.03.2015 on the above mentioned subject whereby comments were sought from this Ministry regarding applicability of recommendations of Fast Track Committee to the persons holding the educational qualification of Matriculation plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council.
You are informed that the matter was taken up with D/o.Expenditure. Accordingly, D/o.Expenditure vide O.M dated 18.07.2023 (copy enclosed) has clarified tht the recommendations of Fast Track Committee would not be applicable to the persons holding the educational qualification of Matriculation plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council, as mentioned clearly in the O.M dated 18.11.2009 issued by the Department that for entry grade for Pharmacist cadre, essential minimum educational qualification of 10+2 plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council, is essential."
3. The applicants are Pharmacists working under the 2 nd and 3rd respondents under the Union Territory of Lakshadweep and have joined the services of the respondents over a period of more than 15 years from 1984 to 2002. None of them have been granted a promotion till date, though they have been initially granted the pay scale of Rs.1350-30-1440-40-1800-EB-50-2200. In the 5 th CPC the said A S PEETHAMBARAN 2025.07.10 14:19:11+05'30' -5- scale of pay was revised and a replacement scale of pay of Rs.4500-7000 was granted to them. While so, as they have completed more than 12 years without any promotion, some of them were granted the 1 st financial upgradation as per ACP Scheme as per Order F.No.62/1/2000- DMHS(AC)(2) dated 12.07.2000 issued by the 3 rd respondent, produced as Annexure A-1. As per the 6 th CPC recommendations, this scale of pay was replaced in PB1 with the Grade Pay of Rs.2800/-. However, the scales were not corresponding to the job requirement and as per the demand of the employees, the Government of India has referred the issue to a Fast Track Committee. The Fast Track Committee has found the replacement scales of some of the common category posts, as not corresponding to the revision recommended and as a result has recommended that the entry cadre of Pharmacists in Central Government should remain at Rs.2800/- Grade Pay in PB-1. However, on completion of 2 years service in the entry grade all the incumbents should be granted non-functional upgradation to the next higher grade having the Grade Pay of Rs.4200/- in the Pay Band 2. Consequential O.M was issued by the Ministry of Finance on the same day, produced as Annexure A-2.
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4. It was submitted that it was further revised as per an O.M.F.No.60(1)-E-III(B)/2010 dated 02.06.2010 dated 02.06.2010, replacing the word 'promotion' with placement in para 3 of Annexure A-2. This is produced as Annexure A-3. Since the said exercise was not done in time, a direction to implement without any further delay and report compliance was issued by the Ministry of Health and Family Welfare vide O.M 9/13 th July 2010. This is produced as Annexure A-4. The modalities of the implementation of Annexure A-1 had been set out by the Director General Health Services vide Annexure A-5. The same was implemented by the Directorate of Health and Family Welfare Services, Puducherry by extending the Grade Pay of Rs.4200/- to all Pharmacists in the Union Territory. This is produced as Annexure A-6. Since the same has not been implemented in the Union Territory of Lakshadweep the applicants have represented to the 3rd respondent and that has been forwarded by the 3 rd respondent to the 1st respondent for clarification. It is consequent to this reference that Annexure R-3(c) clarification has been received from the 1 st respondent. Since the same has not been produced before the Tribunal prior to the date of passing of the order, the Tribunal vide its order dated 26.07.2023 A S PEETHAMBARAN 2025.07.10 14:19:11+05'30' -7- had allowed the O.A with a direction to the respondents to ensure that the benefits of Annexure A-2 was extended to applicants in terms of the relief sought. The Tribunal had also dismissed the R.A filed subsequently.
5. If we examine the clarification issued, the O.M of Ministry of Finance, Department of Expenditure dated 18.11.2009 declares that for entry grade for Pharmacist cadre essential minimum educational qualification of 10+2 plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council. The revised Grade Pay of Rs.4200/- in PB-2 was granted to Pharmacist Grade II and I on being merged and designated as Pharmacist (Non Functional Grade). This grade was to be granted to Pharmacist (Entry Grade) on non- functional basis after 2 years of service in the Grade Pay of Rs.2800/-. The clarification dated 18.07.2023 has stated that the recommendations of Fast Track Committee would not be applicable to the persons holding the educational qualification of Matriculation plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council, as mentioned clearly in the O.M dated 18.11.2009 issued by the Department that for entry grade for Pharmacist cadre, essential minimum A S PEETHAMBARAN 2025.07.10 14:19:11+05'30' -8- educational qualification of 10+2 plus 2 years Diploma in Pharmacy and registration with State Pharmacy Council is essential. This has been reiterated vide the clarification of 26.07.2023 produced as Annexure R-1(c).
6. It is to be noted that recruitment of applicants as Pharmacists date back to 1984 to 2002. In India matriculation is generally equivalent to completing the 10th grade board exams also known as the Secondary School Certificate Examination. It marks the end of basic schooling and opening doors to higher education, professional courses and career opportunities. In different States and for different Boards the 10th Standard Examination has different names such as Secondary School Examination (SSE), High School Certificate (HSC) or Secondary School Leaving Certificate (SSLC). Merely the fact that the applicants had completed the matriculation instead of Class 10 Examination would not disqualify them from being eligible for being considered as qualified for Pharmacist (Entry Grade). It may also be pointed out that the 10+2 system was introduced only in 1977 in schools under the CBSE. They were extended to State Level School on different dates subsequently. In the initial phase not all A S PEETHAMBARAN 2025.07.10 14:19:11+05'30' -9- schools implemented the switch over immediately so there were schools which continued the matriculation and Senior School Leaving Certificate system (SSLC and PUC) system for some length of time. It was recognized for the purpose of educational qualification and college admission at the relevant time as being equivalent to the newly introduced 10+2 system of the CBSE. The SCERT system which was in vogue in Kerala and in Lakshadweep was introduced in the academic years 1990-1991. Until such time it is only the school which followed the CBSE pattern offered the 10+2 system in Kerala and Lakshadweep. The recruitee who joined in 1984 may or may not have been qualified the 10+2 system since the same may or may not have been available to them. The clarification issued by the Ministry essentially ensures that none of the Pharmacists who had studied under the SCERT system be eligible for financial upgradation because they insist on an educational qualification which may not have been available to them under the educational system in vogue in their place of domicile. It is trite law that a condition which cannot be fulfilled cannot be imposed as a pre-condition for determination of the eligibility which cannot be met.
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7. Hence, Annexure R-3(c) effectively disqualify every applicant. Since the education system recognized the equivalence of matriculation with 10th Class Board Examination, we are directing that Annexure R- 3(c) clarification to Annexure R3(a) O.M in so far as it applies to Lakshadweep Administration is not an implementable order and, therefore, is struck down. An equivalent qualification which is offered by the educational system in Lakshadweep at the time the Pharmacists qualified and which are applicable at the time of their recruitment would be the qualification which should determine the eligiblity. Ordered accordingly.
8. The O.A is disposed of accordingly. No costs.
(Dated, this the 10th day of July, 2025)
V. RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in Original Application No.181/00959/2016
1. Annexure A-1 - True copy of the Order F. No.62/1/2000- DMHS(AC) (2) dated 12.07.2000 issued by the 3rd Respondent.
2. Annexure A-1(a) - True copy of the Letter No. C.13017/04/2022- Admn.I(FTS:8199370) dated 26.07.2023 issued by the Under Secretary of the 1st Respondent.
3. Annexure A-1(b) - True copy of the Letter F. No. 17(2)/E.III(B)/2023 dated 18.07.2023 issued by the Under Secretary of the Department of Expenditure, Ministry of Finance.
4. Annexure A-2 - True copy of the OM. F. No.1/1/2008-IC dated 18.11.2009 issued by the Department of expenditure, Ministry of Finance.
5. Annexure A-3 - True copy of the OM. F. No.60(1)-E-III(B)/2010 dated 02.06.2010 issued by the Department of expenditure, Ministry of Finance.
6. Annexure A-4 - True copy of the OM. F. No.A-28011/01/2008- PMS (part I) dated 9/13th July 2010 was also issued by the Ministry of Health and Family Welfare.
7. Annexure A-5 - True copy of the order F. No. G.12011/1/2010- CGHS.II dated 16.07.2010 issued by the DG Health Services, Government of India.
8. Annexure A-6 - True copy of the order No.A.32016/86/DHFWS/2013 dated 03.01.2014 issued by the OSD, Directorate of Health and Family Welfare Services, UT of Puducherry.
9. Annexure A-7 - True copy of the Order F. No. 62/3/2010-11 DMHS(AC) dated 08.10.2011 issued by the 3rd Respondent.
10. Annexure A-8 - True copy of the letter F. No. 1/5/2011-IGH dated 31.01.2014 issued by the Medical Superintendent. A S PEETHAMBARAN 2025.07.10 14:19:11+05'30' -12-
11. Annexure A-9 - True copy of the letter F. No. 5/11/2013-DHS dated 27.03.2015 of the 3rd respondent.
12. Annexure A-10 - True copy of the Recruitment Rules of the 2 nd Respondent as per F. No.13/3/98-DMHS dated 18.06.2001 published in the Official Gazette dated 01.07.2001.
13. Annexure-R1(a) - True copy of the note file containing the observations of the Finance and Accounts Department.
14. Annexure-R1(b) and R1(c) - True copies of the correspondence between the 3rd Respondent and the 1st Respondent.
15. Annexure-R1(d) - True copy of the reminder letter issued to the Ministry.
16. Annexure-R1(e) - True copy of the O.M.F.No.17(2)/E.III(B)/2023 issued by Ministry of Finance, Department of Expenditure dated 12.06.2023.
17. Annexure-R1(f) - True copy of the letter No.C.1307/04/2022- Admn.l dated 10.07.2023.
18. Annexure-R3(a) - True copy of the OM. F. No. 1/1/2008-IC, dated 18th November 2009.
19. Annexure-R3(b) - True copy of the clarification received from the Department of Expenditure, Ministry of Finance, vide F. No. 17(2) E.III (B)/2023, dated 18th July 2023.
20. Annexure-R3(c) - True copy of the letter No. C-13017/04/2022- Admin I, dated 26.07.2023 endorsed by the Ministry of Health & Family Welfare, New Delhi.
21. Annexure-R3(d) - True copy of the letter F. No. 5/11/2013- DHS dated 27.03.2015.
22. Annexure-R1(a) - True copy of the OM. F. No. 1/1/2008-IC, dated 18th November 2009.
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23. Annexure-R1(b) - True copy of the clarification received from the Department of Expenditure, Ministry of Finance, vide F. No. 17(2) E.III (B)/2023, dated 18th July 2023.
24. Annexure-R1(c) - True copy of the letter No. C-13017/04/2022- Admin I, dated 26.07.2023 endorsed by the Ministry of Health & Family Welfare, New Delhi.
25. Annexure-R1(d) - True copy of the letter F. No. 5/11/2013- DHS dated 27.03.2015.
26. Annexure-R1(e) - True copy of the letter No.C-13017/04/2022- Admn.1 dated 19.06.2023.
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